It’s an unfortunate reality that many divorce cases involve adultery. Columbus divorce attorneys face countless cases which involve some kind of adultery. So, how does adultery affect a divorce case?

The first thing most Columbus divorce attorneys will tell you is that Ohio is a “no-fault divorce” state. Irreconcilable differences between the two partners is suitable grounds for divorce.

There is no legal provision that permits either partner to testify in court about why the marriage failed. This means that one partner’s infidelity won’t be discussed in front of a court.​Ohio courts don’t consider evidence relating to adultery. In Columbus and all of Ohio, it simply isn’t necessary. All that’s necessary for a divorce is the agreement of both partners. Ohio divorce law, therefore, aims at smoothing the process of separation and avoiding emotionally charged accusations and testimony. While divorce will never be a pleasant experience, Ohio divorce laws aim to make it as stress-free as possible.

This is not the same is some states where adultery is a crime which may carry severe penalties. In those states, recriminations fly around the emotionally charged courtroom. If you’re the wronged partner, you might think that adultery should be punished in divorce proceedings.

​Estranged couples might be worried about adultery affecting a judge’s decision. But alimony is calculated without any reference to marital misconduct. Adultery has no effect on alimony payments. By definition, alimony payments are required whenever a judge decides one partner needs financial support to live at the same standard they did while married. Alimony payments are most commonly required when there is a disparaging difference between the partner’s incomes. An Ohio judge orders alimony payments based purely on income. Adultery has absolutely no effect. The only [..]

The only cases in which judges consider marital misconduct to influence alimony is when one partner is abusive. If an abusive partner is prosecuted for their behavior, the judge has the right to increase the burden of alimony.​Adultery, therefore, has no real effect on divorce proceedings. This is true throughout Ohio, and in Columbus.

The only possible scenario in which adultery can affect divorce in Ohio: If shared funds are used by one partner to support an affair. If one partner is taking shared money and giving it to their extramarital partner, this could have an effect. The judge could decide that this is a misuse of shared funds and therefore require one partner to pay more.